Banks raise deposit interest rates
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Franchise explosion in Vietnam
Franchise has facilitated many foreign brands to break into Vietnam. In addition to franchise industry for food, beverage or education, franchising in goods retail industry...
6 leading economic sectors in Central region
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91.9% companies are optimistic about production activities in the last 6 months this year
FDI companies sector is witnessed a positive production volume, 91.1% of which are expected to increase or remain their volume ...
CPTPP makes shift of Vietnam from deficit to surplus
Most signed free trade agreements (FTA) have reflected that Vietnam always run deficit trend ...
Legal answers
Legal news No. 50/2018
Answered

Guidance on implementing a special allowance regime for the defense force of the Ministry of Defense
Answered

On 11/11/2018, the Ministry of Defense issued Circular No. 162/2018/TT-BQP guiding the implementation of a special allowance regime for the defense force of the Ministry of Defense. This Circular takes effect from December 26th, 2018.
Accordingly, Circular No. 162/2018/TT-BQP applies to officer and professional military at the Defense Department under the Department of Military Security Protection, General Political Department; officers and professional military shall be strengthened by competent authorities to perform their tasks according to positions prescribed in the Defense Department of the Military Security Protection Department and the General Political Bureau for a period of 1 month or more and related organizations and individuals, specifically:
– Subjects prescribed above officers and military shall be entitled to one of the 4 specific allowance levels, including 30%, 25%, 20% and 15%, calculated on the rank-based salary level for officers or types, group, rank for the professional military. This special allowance is paid with the monthly pay period and is not used to calculate, enjoy social insurance and health insurance;
– Officers and professional military who are subject to specific allowances shall enjoy a specific allowance level prescribed for such subjects. In case an eligible person is entitled to enjoy at different levels of specific allowances, he/she will only enjoy the highest level of benefits.
It can be seen that the Circular No. 162/2018/TT-BQP has detailed and specific instructions on the implementation of a special allowance regime for the defense force of the Ministry of Defense, thereby showing the necessary and encouragement of the State to officer and military of these forces.

Regulations on salary regime for coaches and athletes during the training and competition period
Answered

On 07/11/2018, the Government issued Decree No. 152/2018/ND-CP regulating some regimes for coaches and athletes during the training and competition period. This Decree takes effect on December 24th, 2018.
Accordingly, Decree 152/2018/ND-CP stipulates the following regimes:
• Salary; support money for training and competition;
• Social insurance; Health Insurance; unemployment insurance; insurance for occupational accidents and diseases; insurance when training, competing abroad and
• Bonus for the performance of coaches and athletes during the training and competition period.
Regarding the salary regime for coaches and athletes during the training and competition period, Decree No. 152/2018 / ND-CP stipulates the following:
Trainers and athletes that are Vietnamese citizens, are the member of the national team or national youth teams; Teams, young teams, talented teams in the fields, provinces and centrally-run cities, who are salaried from the state budget, shall be entitled to a salary as follows:
• Received fully salary during the training or competition period (including salary and wage allowances, if any) paid by the trainer or coach management agency;
• Received amount of supplementary money in case of the basic salary is calculated on average according to the number of ordinary working days in a month lower than the wage level prescribed in Clauses 2 and 3, Article 3.
The salary level calculated on the basis of the number of ordinary working days shall be determined according to the salary of the preceding month before the coaches or athletes are summoned for training or competition divided for 26 days.
It can be seen that the issuance of Decree 152/2018/ND-CP has shown the State’s attention to all aspects of the lives of coaches and athletes. At the same time, encouraging the above factors to actively training and strive for the development of the country sports.

Ratification of Comprehensive and Progressive Agreement for Trans-Pacific Partnership
Answered

On 12/11/2018, the National Assembly issued Resolution No. 72/2018/QH14 Ratification of Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and Relevant Documents. The resolution takes effect from December 27, 2018.
Accordingly, an organization of CPTPP implementation the Comprehensive and Progressive Agreement for Trans-Pacific Partnership is conducted as follows:
– The Government, the People’s Supreme Court, the People’s Supreme Procuracy, relevant organizations shall review the bills in Appendix 3 and other legislative documents in order to propose timely amendments, ensure uniformity of the legal system and adherence to CPTPP commitments.
– The Prime Minister shall consider approving and directing relevant central and local organizations to execute their plans for CPTPP implementation; focus on human resources development to make the best use of the opportunities and benefits of CPTT; develop and implement preventative measures against negative effects that may occur during implementation of CPTPP; spread information about CPTPP to raise awareness of the political system, businesses and the people of Vietnam’s accession to CPTPP.
Thus, through the adoption of Resolution 72/2018/QH14, the tasks of each agency and organization in implementing the implementation of the CPTPP Agreement have been clearly defined, thereby minimizing overlap in activities, as well as contributing to maximizing and promoting opportunities and benefits brought about by the CPTPP Agreement.

Socio-economic development plan for 2019
Answered

On November 8, 2018, the National Assembly issued Resolution No. 69/2018/QH14 on the socio-economic development plan for 2019. The resolution takes effect from December 23, 2018.
Accordingly, the National Assembly has set out the main tasks and solutions for specific plans on socio-economic development in 2019. Specifically as follows:
– Strengthening capacity, proactively analyzing, forecasting, closely monitoring developments of the international and domestic situation to have appropriate and timely policies;
– Perform synchronously, drastically strategic breakthroughs;
– Implement drastically and effectively the National Assembly’s Resolution on restructuring the economy, renewing the growth model;
– Continue to restructure the state budget revenues and expenditures;
– Effectively manage and exploit natural resources and enhance environmental protection; proactive in natural disaster prevention and combat, response to climate change;
– Speed up the application of information technology in the management of medical examination and treatment and effective management of the Health Insurance Fund; continue to improve the policy system on medical examination and treatment, prevention and improvement of people’s health;
– Strengthening the conservation, embellishment, and promotion of tangible and intangible cultural values; conservation and preservation of ethnic minority cultural values;
– Strictly implement the renovation, reorganize the organizational structure, streamline the staffing, restructure the contingent of civil servants and officials; urgently issue guiding documents to implement synchronously and effectively.
– Strengthening defense and security potentials to protect the country; maintain political security, social order and safety.
Thus, the Resolution No. 69/2018/QH14 was approved, showing the approval of tasks and solutions submitted to the National Assembly by the Government, the Supreme People’s Court, and the Supreme People’s Procuracy, focusing on implementing tasks and solutions to promote the socio-economic development in 2019.

Regulations on statistical surveys of money, banking and foreign exchange in addition to the national statistical survey program
Answered

On November 16, 2018, the State Bank of Vietnam issued Circular No. 26/2018/TT-NHNN regulating the statistical survey of money, banking and foreign exchange outside the National Statistical Survey Program. This Circular takes effect from December 31, 2018.
Accordingly, the types of monetary and banking statistical surveys of the State Bank include 1. Statistical surveys under the Monetary and Banking Statistical Survey Program. 2. Investigation of unexpected monetary and banking statistics. Specifically:
About statistical survey under the Program of Monetary and Banking Statistics Survey: Based on the functions and tasks assigned and requesting information for management and administration, no later than October 5 every year, units of the State Bank propose surveys to be carried out periodically. (if any) to supplement the Monetary and Banking Statistical Survey Program. On the basis of the proposals of the units (if any), by December 30 every year, the Forecast and Statistics Department shall sum up and submit them to the Governor for consideration and decision to amend and supplement the investigation program. Statistics of currencies and banks.
Regarding the survey of monetary statistics and unexpected banks: The Circular clearly stated that the investigation of monetary and banking statistics unexpectedly when it required to collect unexpected information in the monetary and banking fields and not under the program of monetary and banking statistics survey.
In addition, the principle of monetary and banking statistical survey activities is also regulated as follows: (1) ensuring honesty, objectivity, accuracy, completeness, and timeliness; (2) ensuring professional independence and statistics, ensuring professional consistency; (3) do not organize a duplicate statistical survey, overlapping content with other statistical surveys; (4) publicity on methods of conducting statistical surveys and publishing statistical survey information according to the provisions of law; (5) ensuring equal rights in accessing and using published statistical survey information.
Information and results of statistical surveys must be kept confidential including Information and data associated with specific names and addresses of each organization or individual, except where such organizations or individuals agree or otherwise provided by law; statistical survey information has not been published by competent persons; information on the list of state secrets.
It can be seen that the survey of monetary, banking and foreign exchange will contribute to creating a basis for individuals and organizations to operate accurately, openly and transparently, while contributing to building stability. Monetization and safety of banking operations.

The method of determining the state capital of equitized enterprises is a credit institution
Answered

On 12/12/2018, the State Bank of Vietnam has issued Circular No. 30/2018/TT-NHNN guiding the determination of State capital of equitized enterprises which are credit institutions. This Circular takes effect from March 1, 2019
Accordingly, Circular No. 30/2018/TT-NHNN stipulates that state capital in equitized enterprises is a credit institution, which is defined to include the balance of the following accounts:
First, Charter capital – account number 601;
Second, capital construction investment, procurement of fixed assets – account number 602;
Third, Other capital – account number 609;
Fourth, the reserve fund to supplement charter capital – account number 611;
Fifth, Investment and development fund – account number 612;
Sixth, the financial reserve fund – account number 613.
The numbers of these accounts are taken according to the credit institutions’ accounting accounts system according to the Circular No. 22/2017/TT-NHNN dated 29/12/2017 of the Governor of the State Bank of Vietnam, amended supplementing a number of articles of the system of accounting accounts of credit institutions issued together with Decision No. 479/2004/QD-NHNN dated April 29, 2004 and the financial reporting regime for credit institutions issued together with Decision No. 16/2007/QD-NHNN dated April 18, 2007 of the Governor of the State Bank of Vietnam.
It can be seen that, according to the previous practice, the determination of state capital in equitized enterprises is that credit institutions still face many difficulties and obstacles, the data is not determined correctly, now, according to The guidance in Circular No. 30/2018/TT-NHNN has solved the above situation. Setting specific criteria in determining state capital will make the process clearer, faster and more accurate.

Legal news No. 49/2018
Answered

Guiding the establishment, management and use of funds for the implementation of energy labeling schedules and the application of minimum energy efficiency levels
Answered

On 28/09/2018, Ministry of Finance issued Circular No. 91/2018/TT-BTC guiding the establishment, management and use of funds for the implementation of energy labeling schedules and the application of minimum energy efficiency levels. This Circular takes effect on December 18, 2018
Accordingly, from 18/12/2018, agencies and organizations are assigned to implement the energy labeling schedule and application of the minimum energy efficiency level will be funded from the state budget, sources of funding, contributions to performing the following tasks.
 Program compilation; curricula, training materials on energy labeling and application of minimum energy efficiency levels;
 To train and raise the professional qualifications of the managerial and technical personnel who conduct the inspection and testing of energy efficiency for vehicles and equipment subject to the labeling of energy;
 Develop standards, norms, indicators of individual energy costs, minimum energy efficiency;
 To procure and rent equipment for inspection, testing and certification of energy efficiency for means and equipment subject to energy labeling according to the roadmap;
 Organizing public information dissemination activities on lists, facilities, equipment, energy labeling schedules and application of minimum energy efficiency levels.
In addition, the elaboration, implementation of cost estimates, accounting and finalization shall comply with the provisions of the State Budget Law, the Accounting Law, and documents guiding the Law.
Thus, with detailed and specific regulations, Circular 91/2018/TT-BTC is expected to contribute to improving the spirit of saving, energy use efficiency, contributing to environmental protection, maintaining the country’s energy resources.

Regulation on the form of reporting and disclosure of public debt information
Answered

On 13/09/2018, Ministry of Finance promulgates Circular No. 84/2018/TT-BTC on regulation about the form of reporting and disclosure of public debt information. This Circular will take effect from 01/12/2018.
Accordingly, Circular No. 84/2018/TT-BTC has some noteworthy new point as follows:
First, this Circular regulates on the form of reporting and disclosure of public debt information under Article 60 and Article 61 Law on Public Debt Management No. 20/2017/QH14; Article 27 and Article 28 Decree No. 94/2018/NĐ-CP on 30/06/2018 on Public Debt Management Operations.
Second, Provincial, central cities People’s Committees shall synthesize and make reports on the debt of local administrations according to the forms prescribed in the Government’s Decree No. 93/2018/ND-CP of June 30, Regulations on local government debt management
Third, Provincial, central cities People’s Committees, re-lending agency, enterprises, business units-public borrowed ODA loans, preferential foreign loans of the Government to make reports on the management situation, re-lend, withdraw, repay capital from foreign loans of the government under the regulations at Decree No. 97/2018/NĐ-CP on 30/6/2018 on re-lending ODA loans, preferential loans of the Government and The forms set out in Circular 80/2018/TT-BTC dated 28/8/2018 of the Ministry of Finance guiding the form of reporting on re-lending of ODA loans, foreign government preferential loans.
Fourth, Project owners and policy banks which are guaranteed by the Government to borrow capital or issue bonds shall make reports according to Decree No. số 91/2018/NĐ-CP on 26/6/2018 on the issuance and management of Government guarantees and the forms in the Appendix attached to Circular No. 58/2018/TT-BTC dated 10/7/2018 of the Ministry of Finance providing guidance on forms and forms of information provision and reporting with programs and projects guaranteed by the Government.

Fifth, for other data and reports which are not governed by this Circular, reporting agencies and units shall comply with current regulations of the Ministry of Finance and state competent management agencies.
It can be seen that Circular No. 84/2018/TT-BTC contains detailed and detailed regulations on public debt reporting and disclosure forms, thereby contributing to the efficiency and effectiveness. most accurate, open and transparent for these activities.